Selling a property in Germany step by step: process, documents and costs in Osnabrück
By Ali Alawihee · Updated 5 November 2026
Selling a house or flat is a big step. In Germany, every sale goes through a notary and follows clear rules. Here are the steps, the documents you need and who pays what.
The process at a glance
A sale in Germany usually follows this order:
- Gather documents and get a valuation
- Prepare a sales brochure (Exposé) and hold viewings
- Sign the purchase contract at the notary
- Priority notice for the buyer (Auflassungsvormerkung), then payment
- Handover of the property
- Transfer of ownership in the land register (Grundbuch)
Documents you need
Key documents for the sale:
- Land register extract (Grundbuchauszug) from the local court, showing the owner and any land charge (Grundschuld).
- Energy performance certificate (Energieausweis), required under § 80 of the Building Modernisation Act (GModG, formerly the Building Energy Act). Exceptions include listed buildings.
- Cadastral map (Flurkarte), in Lower Saxony from the land survey office (Katasteramt).
- Floor plans and a living area calculation.
- For flats: declaration of division (Teilungserklärung), minutes of owners' meetings and the budget plan (Wirtschaftsplan).
Valuation, listing and viewings
An estate agent or surveyor can estimate the value, or the valuation committee (Gutachterausschuss) can prepare a market value report for a fee; for Osnabrück, this is the Osnabrück-Meppen committee. Standard land values (Bodenrichtwerte) are free on the BORIS.NI portal but cover the land only.
Adverts must include details from the energy certificate (§ 87 GModG), and you must show it at the viewing at the latest and hand it over after the sale. Be open about known defects: an exclusion of liability does not cover defects that were fraudulently concealed (§ 444 BGB).
Estate agent's commission: who pays?
Since 23 December 2020, special rules apply when flats or single-family houses are sold to consumers (§§ 656a–656d BGB). The amount is agreed, not set by law.
- The agency contract must be in text form, for example by email.
- If the agent works for both sides, both pay the same.
- If only one side hired the agent, at most half may be passed on, and only after the hiring side has proven its payment.
- These rules do not cover blocks of flats, commercial property or undeveloped land.
Costs and taxes
Under § 448(2) BGB, the buyer pays for notarisation and the land register entry unless agreed otherwise, and usually also the real estate transfer tax (Grunderwerbsteuer): 5 per cent of the price in Lower Saxony (as of November 2026).
Sellers may pay for deleting a land charge, the energy certificate, their share of the agent's fee and possibly an early repayment charge – ask your bank. Private property sales can also be taxable, so ask a tax adviser (Steuerberater).
Purchase contract and notary appointment
A contract to sell land, including flats, must be notarised (§ 311b(1) BGB). A handshake or private written contract is not enough.
The neutral notary checks the land register and sends both sides a draft in advance. At the appointment, the contract is read out and explained before signing. Every agreement, such as furniture or the handover date, belongs in the contract.
After signing: payment, handover, land register
The notary applies for the priority notice, which protects the buyer, obtains the papers to delete your land charge and checks the municipality's right of first refusal (Vorkaufsrecht).
Once everything is ready, the notary confirms that payment is due; part of the price can go straight to your bank. Record keys and meter readings at handover. The buyer becomes owner only on entry in the land register, after the transfer tax is paid.
This article is general information, not legal or tax advice.